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Identifying and Arresting Suspects

Name: Patrice Smith

Introduction

  • During the process of arresting of a suspect the police have to use the required procedure to maintain a person right of freedom (Hess, Orthmann & Cho, 2016).
  • There are several requirement which a police must meet before making an arrest.
  • When an illegal arrest is made it can affect the prosecution case in criminal trial (Hess, Orthmann & Cho, 2016).
  • There are some extra procedures which are added in some state to protect the physical safety of the police and help the police making a mistake (Hess, Orthmann & Cho, 2016).

An arrest involves the actins of the police officer where the deprive a person right to freedom. Most criminal cases lacks suspect and even witness and factors which are vital in solving a criminal investigation must be employed. All the elements of crime must be proven and a connection established between a criminal act and the suspect.

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The Circumstances of Making an Arrest

  • The police office has observed a crime.
  • There is a probable cause a person has committed a crime.
  • Presence of an arrest warrant (Hess, Orthmann & Cho, 2016).

Taking a personal fundamental right is serious case and therefore undoubtable evidence must be available. For the rights of the suspect to be ensured during the time of an arrest the police are required the specified procedure. Therefore, during making an arrest the police office has to be there physically and observe the crime. Secondly, there should satisfactory evidence that a person has committed a crime. The police office can also acquire a warrant which will certify searching of property for evidence and making an arrest.

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Procedure of Making an Arrest

  • The rules of making an arrest varies with jurisdiction.
  • The arrest occurs when a person being suspected is required not to leave.
  • The police has to use the handcuffs or place the suspect in the police cruiser (Hess, Orthmann & Cho, 2016).
  • The police officer has to read the Miranda Right during making an arrest.
  • Finally the police are prohibited from using excessive force during an arrest (Hess, Orthmann & Cho, 2016).
  • However, police use excessive force when an arrestee seems to resist an arrest.

The police office adheres to specific procedures during making of an arrest. The rules can change depending on the jurisdiction. The police use handcuff so as to protect themselves . Importantly, the have to read the Miranda Right during an arrest. The Miranda right enables the questioning of the suspect and using the information they say against them. Nonetheless , the police is required not use cruelty or excessive during making an arrest. The excessive use of force can interfere with the criminal trial.

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Identification of the suspect

  • Use of drivers license or drivers license guide (Hess, Orthmann & Cho, 2016).
  • Through the use of a witness or a victim to a crime.

First, the suspect is identified through the use driver license as according to the REAL ID Act of 2005 and also the driver license guide.

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Development of Suspects

  • The information provided by victims and witness.
  • Presence of physical evidence at the crime scene (Hess, Orthmann & Cho, 2016).
  • Criminal Profiling
  • Utilizing the information in the police files (Hess, Orthmann & Cho, 2016).
  • Informant
  • Using information from other agencies

Before a suspect can be arrest there are some information which must be available to warrant an arrest. A connection has to be established between the crime and the suspect. The first source of information is from the witness or a victim who can identify the suspect as they observed them committing a criminal act. There can also be available evidence which trace back to the evidence. The evidence can be either material which use the suspect finger print or DNA.

Profiling on the other hand, uses psychological characteristics , emotional and mental identity of a person in the identification of a suspect. The police officers also have files which can related a person with certain criminal activity. The private agency can also provide necessary information which will aid in the identification of a suspect. Lastly, an informant may provide the information. Notably, this is a person who is not a witness or a victim but an interested citizen or a criminal wanting to make a deal.

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Obtaining Information about a Suspect

  • Asking specific information
  • Utilizing drawing and sketches (Hess, Orthmann & Cho, 2016).
  • Using of mug shots of possible suspects

During the process of obtaining the information the police are required to ask specific information about a suspect. The information from a witness or victim can be employed in making a sketches to identify the suspect. The mug are also utilized but they are very time consuming.

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The procedure of information from agencies and police

  • Obtaining information the community
  • Getting information at the county level
  • Attaining information from the state level
  • Soliciting information at the federal level
  • Getting information fro INTERPOL (Hess, Orthmann & Cho, 2016).
  • Obtaining information from private agencies

The information is obtained procedurally from the lowest rank at the community level up to the highest rank. The procedure is vital so that nothing is missed out. Also, the due to increased efficiency and reduction of the cost.

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Using force during an arrest

  • The police are required to only use the necessary force
  • The excessive force is used when someone resist arrest (Hess, Orthmann & Cho, 2016).

The police office has to use reasonable force during making an arrest. The reasonable force is determined as the amount of force used by a police office and the amount of force a person can use on themselves on the same situation. The excessive force is when a police office uses a force which is more than what is required in controlling a situation.

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Evaluating excessive use of force

  • How severe the crime was.
  • Suspecting posing an immediate threat
  • Tensed circumstances (Hess, Orthmann & Cho, 2016).
  • An attempt to evade an arrest
  • Resist an arrest (Hess, Orthmann & Cho, 2016).

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Case of Deadly Use Force

  • Tennessee v. Gardner, 1985 (Hess, Orthmann & Cho, 2016).

During the Tennessee v. Gardner, 1985 there was the ruling by the US supreme court that there should be no use of excessive use of force for the non-dangerous and unarmed felons. Doing so is illegal and violation of the Fourth Amendment.

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Conclusion

  • Conclusively, the police are required to respect the procedure of making an arrest.
  • The advancement in technology has ease the process of identifying the suspect.
  • The rights of the suspect are vital and should be maintained during an arrest.
  • The use of excessive force is prohibited unless the circumstances warrant it.
  • All people are required to understand their right so as to reduce the high cases which occur during an arrest.

References

  • Hess, K. M., Orthmann, C. H., & Cho, H. L. (2016). Criminal investigation. Cengage Learning.